QIKKIZ NOT TREASURE IROVE
found on the surface, is wanting. The
property was valuable It had certainly
al some turn-previous Ix-eii detached l»v
Important Decision of Supreme Cour! Re
gardlng Quart/ found (pan tond He- human agency from a ledge, and the
longlnq Io Another Person (use of evidence that it was once contained in a
ferquson Vs. Ray,
' liag of some kind of cloth, and that
i trees near the place of finding bore some
CAS Bl Hl ID Bi OHMR Of I Mt 1AM). ol<l marks, ap|>urcntly made by design to
aid in locating the projierty, would indi
cate
that it was voluntarily deposited
In 1!M)1 Roliert Ferguson was in jh > s
where
found.”
session of the premises of Charles R.Rav,
The
Supreme
Court, therefore, holds
in Jackson county, under a lease. While
that
since
this
quartz,
not living Irc.-tMirv
cutting woo«l thereon he found a rich
trove,
was
found
initiedded
ill the soil
specimen of goldbearing «piartz on top of
under
circumstances
re|«lling
the idea
the ground. He at once secured a pick
that
it
had
been
lost,
the
presumption
is
and shovel and on scraping the leaves
that
the
possession
is
in
the
owner
ot
(In
away he found one or two other pieces
land.
“on top,” as he testified, “or almost on
lake State Census Vest Year.
top of the ground.” in digging through
County Assessor elect Peter Applegate,
the surface he found others, extending
to the depth of 10 or 12 inches, in all w ho Iwgins his four year's term of office
weighing about 17'j pounds. There on the first of next January, will have a
were no indications present of any large amount of extra work to |x-rform
natural !e«lge or lcale of goldla-ari-g or with no extra compensation, for he will
other quartz in place, or of anv pocket have to take the census of Jackson
or placer or other natural deposit, the county in addition to the regular pro|>er-
formation in which the specimen-, were ty assessment.
Although the next federal census will
imbedded being described as “a loose
not be taken until 1910, the state I iws of
surface soil.”
Ferguson sold half the quartz, ami Oregiyi provide for a decennial census,
delivered the remainder to Ray. I.atcr to l>e taken midway lictween the govern
he brought this action to recover the ment's enumerations, The next state
quartz given to Ray, alleging that it census, therefore, will la- compiled lit
belonged to him ami that it had been 1905.
ANY TOOl. THAT THE FARMER. GARDENER
It is made the duty of the county
obtained from him by duress and threats
AND ORCHARDIST MAY NEED
of arrest, imprisonment, etc. Ray's def sessors throughout the states to take the
ence was that the quartz specimens were census in their respective counties, the
his property by- reason of having been work commencing May III. Lach asses
extracted from his land, and also bv vir sor to ascertain the number of legal vot
tue of an agreement between himself ami ers in his county, the number of males
Hardware Store, Tinning and
Ferguson that he should pay Ferguson who an- of age. the nuinla-r under |u
Plumbing Shop.
one-half the excess value, if any, years of age and the Iltini|>er )>etweeii III
between the rock deliver'd to hint ami ami 21. He must al -o ascertain the
MEDFORD,
OREGON
nutnlier of females who are of age, the
that sold by Ray.
At the trial before Judge Hanna testi number under 10 inni the iiiiinlier
mony was introduced tending to support between 10 ami lx.
the allegations made, and it was also
It is also the assessor's duty to gather
shown by Ferguson's witnesses that full information as to the agricultural
trees near the spot where the ore was products of the county, the numlier of
found bore old scars, made a number of acres under cultivation, the qiianity of
years before with an ax or similar impli- 1 salmon taken during the preceding year
A’/X' n on short notice for timber cruisers, com
ment. Ferguson testfied that the ore had and other statistics of commercial and
mereiai men, mitting men, sawmill men, all
the appea-nnee of having been place«! industrial value. When the census has
kinds of men or parties. Horses ted at rea-
there a long time ago, and another been completed, it must lie copied by the
sonni de rates.
witness testified that the quartz, had county clerk and then transmitted to the
marks of having lieen broken from a vein secretary of state.
of ore. Still another witness told of
JacKsonville
Oregon Development league.
having found pieces of old rotten duck
The Portland Commercial Club hai
cloth at the place where the ore was dis
issued a call for a convention ot the
covered.
i Oregon iTevelopment League, to be
This was the substance of the evidence
held at the Marquam Grand Theater in
concerning the circumstance and con
Portland August 2nd ami 3rd. All com
ditions under which the goldbearing
mercial, agricultural, mining, stock-
quartz was found. The trial court denied
raising ami irrigation interests will be rep
a motion for nonsuit ami judgment
Establlnhod 1867
resented. Every editor in the state will
having been rendered in
favor of
1* invited to attend as a delegate.
SALEM,
OREGON
Ferguson for the recovery of the ore. Ray-
County commissioners and mavors of
appealed.
all towns and cities, will also lie called
Oldest ami Largest Nursery on Pacific Coast.
All our stock
In an opinion written by Justice Wol-
upon to name delegates. The Portland
is
Home
Grown
ami
guarantee«!
True
to
Name.
All Trees
verton. it is held that the motion for a
Women’s Club will look after the com
that
fail
to
live
replaced
at
Halt
Price.
Can
fill
orde
rs for any
nonsuit shoukl have been granted, •The
fort of ladies accompanying delegates,
kind
of
Tree,
Shrub
or
Flower
th.it
can
be
grown
in
Oregon.
theory upon which the cause is sought
and, among other entertainments, have
Large
Illustrated
Catalogue
sent
Free
on
application
to
to be maintained is that the quartz was
arranged for a trolley ride on August
either lost or abandone«! property, and.
2nd, taking in the most interesting
that in either event plaintiff ( Ferguson) is
ami beautiful environs of Portland, and
entitled to its possession as against the
on August .'{rd ten street cars will lie,
defendant, and all others, except the
provide«! for a trip over the entire city.
true owner. As the property was found
The Southern Pacifec Co. will sell j
beneath the surface, not upon it, the tickets at the very low rate of one fare i
question has lieen presented whether or
for the round trip, from all points on
not it is treasure trove. We are firmly-
Oregon Lines to Portland ami return, .
impressed that it cannot \>v so considered.
for this occassion, and it is liojied that
Authorities are <|tiote«l showing that
every section ol the state will tie well ,
treasure trove is money, coin, gold,
represented at the convention, to work i
silver, plate or bullion hidden in the in harmony for the development of [
earth, the owner being unknown, and
Ort gon.
the court says this quartz does not come
Sight Was Her (error.
under any of those classifications.
“I would cough nearly all night long,”
Taking up the question whether the writes Mrs. Chas. Applegate, of Alex
We have the largest and best list in
i Southern Oregon of
(juartz was lost or abandoned probertv, andria, Ind., “ami could hardly get any
Fruit, Alfalfa, Dairy and Stock Lands,
1
I imber I.ands.
the court holds that the evidence does sleep. I had consumption so bad that if
Mining Bargains and Town Property.
not show that it was either lost or aban I walked a block I would cough fright
fully and spit blood, but, when all other
doned in the sense that the finder is en medicines failed, three |1.0p «lotties of
Dealers in
titled to its possession or ownership as Hr. King's New- Discovery wholly cured
and Shinjrles
against the owner of the soil. “The me ami I g.-iin«’. aN pounds.” It s abso Sewing Machines, Lime, Cement
quartz was not found on the surface of lutely guaranteed to cure Coughs, Colds,
La Grippe. Bronchitis and all Throat
the earth ami the presumption that and Lubg Troubles,. Price 50c and #1 .(Ml
it was lost, which attends property > Trial bottles free at City Drug Store.
Garden Tools
Shovels, Spades
Wheelbarrows
Pruning Tools
D. H. MILLER’S
Union Di very Stables
Geo. N. Lewis, Prop.,
COREGON NURSERY CO^
R. D. MAPLESDEN,
MEDFORD,
-
-
-
agent
OREGON
W hite & T rowbridce
THE BIG LAND AGENTS
MEDFORD. - OREGON
We buy wool and mohair.